In consideration of my child being permitted to participate in camps, classes, events and activities (collectively, “Events”) conducted and organized by Wheel Kids Bicycle Club, Inc. (“Wheel Kids”), I hereby agree as follows:
RULES: I, and any and all of my participating children, agree to abide by all Wheel Kids rules and policies (the “Rules”). Failure to abide by these Rules may result in dismissal from participation in any Events at any time without any entitlement to refund. These Rules may be found on our website and are hereby incorporated by reference. By signing below, I acknowledge I have read the Rules and agree to their terms.
EXPRESS ASSUMPTION OF RISK AND HOLD HARMLESS AGREEMENT: I, individually and on behalf of any of my participating children, do acknowledge and recognize that Wheel Kids activities, including but not limited to operating or riding a bicycle, are potentially hazardous and high risk activities that may require strenuous exercise. I understand that participation in these events and activities may expose my child to the inherent risk of injury, death, and or property damage. I fully understand that Wheel Kids may take my participating children on bicycle routes and paths that could expose my child to automobile and foot traffic that could result in accidents and injuries, and I acknowledge that these risks of injury or death to my child cannot be removed or eliminated with respect to the activities and events. I represent that to the best of my knowledge, my participating children have no medical, physical and/or emotional health condition that could hinder or prevent her/his active participation in the activities or events in any way whatsoever. I, individually and on behalf of my spouse and participating children, acknowledge, understand and accept the risks of bodily and property injury related to the Events. I, INDIVIDUALLY AND ON BEHALF OF MY SPOUSE AND PARTICIPATING MINOR CHILDREN, DO KNOWINGLY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, AND HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WHEEL KIDS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OWNERS OF PROPERTY USED OR LEASED BY WHEEL KIDS AND ANY OF ITS REPRESENTATIVES OR AGENTS (COLLECTIVELY, THE “WK AFFILIATES”), FROM AND AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, COSTS, LOSSES, DAMAGES, RECOVERIES, EXPENSES OR SETTLEMENTS, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY (INCLUDING, BUT NOT LIMITED TO, DAMAGE TO THE BICYCLE AND OR EQUIPMENT I PROVIDE TO MY CHILDREN FOR USE IN THE EVENTS) ASSOCIATED WITH THE PRESENCE OR PARTICIPATION OF MY CHILDREN IN THE EVENTS, AND ARISING FROM ANY ACTION OR OMISSION OF WHEEL KIDS AND/OR WK AFFILIATES, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF WHEEL KIDS AND/OR WK AFFILIATES, AND WHETHER OR NOT DUE TO (A) USE OF ANY WHEEL KIDS FACILITIES OR EQUIPMENT, WHETHER OR NOT SUCH FACILITIES AND EQUIPMENT MAY BE IMPROPERLY MAINTAINED OR MAY MALFUNCTION OR BREAK, (B) IMPROPER MAINTENANCE, OR (C) WHEEL KIDS’ INSTRUCTION OR SUPERVISION.- INSURANCE: In case of emergency I hereby give permission to any medical personnel selected by Wheel Kids staff to secure treatment of my child. I understand and agree that my child must have health/medical and property insurance in effect throughout his/her participation in the Event, and that this insurance is primary. I acknowledge that Wheel Kids has not obtained insurance that would provide coverage to me or my child in the event of injury or property damage of any kind while participating in the Event.
LIMITATION OF LIABILITY, SMALL CLAIMS, ARBITRATION: Notwithstanding any other provision hereof, neither Wheel Kids nor any WK Affiliate shall be liable for any loss, damage, or liability incurred by me or my children in connection with participation by my children in the Events, whether due to the negligence of Wheel Kids or WK Affiliates or otherwise, unless said claim is solely caused by Wheel Kids or WK Affiliates’ gross negligence or willful misconduct. IN NO EVENT WILL WHEEL KIDS OR ANY WK AFFILIATE BE LIABLE FOR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (WHETHER OR NOT FORESEEABLE), EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Wheel Kids’ liability exceed the amount paid to Wheel Kids for participation by my child in the Event, irrespective of the cause of the loss, damage or liability. WK will contact you regarding any liabilities, demands, claims, costs, losses, damages, recoveries, expenses, or settlements for which you are responsible pursuant to the express assumption of risk and indemnification agreement. To the extent WK does not receive a response from you within 48 hours, WK will advance the cost on your behalf, and will be entitled to full reimbursement for the amounts paid within 30 days of WK notifying you. If WK does not receive the payment due within 30 days of the date WK notifies you, you shall be subject to a late fee of five percent (5%) of the outstanding amount. This late fee shall accrue monthly on the overdue balance until the payment is made in full. The late fee is intended to compensate WK for administrative costs and other expenses incurred as a result of late payment. WK reserves the right to recover any additional costs it is forced to expend, including reasonable attorney’s fees and costs, should it have to initiate further action to recover the amounts owed by you pursuant to the express assumption of risk and indemnification agreement. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Participant Agreement, and or the participation of my children in any Wheel Kids Events of $5,000 or less (hereafter referred to as a “Controversy”) shall be resolved in the small claims court in the City and County of San Francisco, California. In the event of any Controversy in excess of $5,000, said dispute will be resolved by way of binding arbitration pursuant to the terms of the Rules, which are hereby incorporated by reference.
HELMET RULES: I understand that California State Law (CVC 21212) requires that children must wear an approved helmet at all times while riding a bicycle. Wheel Kids DOES NOT PERMIT the use of helmets with decorative 3-D features (e.g., “mohawks,” ears, fins, etc.). Cameras, lights and similar equipment attached to helmets are used at my or my child’s own risk. Wheel Kids reserves the right to prohibit participation in any Event any registrant whose helmet does not appear to be in compliance with this law or policy or is in any way deficient, and there will be no entitlement to refund or credit. I assume full responsibility for providing my child with a helmet that corresponds with CVC and Wheel Kids requirements; if Wheel Kids personnel determine that my child’s helmet is not in compliance with the CVC or Wheel Kids policy or is in any way deficient, I authorize Wheel Kids to provide a new helmet for my child for which I will reimburse Wheel Kids the full purchase price plus a $20 convenience fee within five business days. Wheel Kids will incur no liability if it does not provide a helmet pursuant to this Section or if my child’s helmet does not comply with applicable law.- IMAGES: I do hereby give permission to Wheel Kids Bicycle Club, Inc. to use photographs or photographic images or video in any official Wheel Kids business, including, but not limited to: Wheel Kids websites, newsletters, advertising materials, postcards, social media, and other related media and marketing materials. It is agreed that the use of photograph or photographic image or video shall in no way be used in any other forum other than official Wheel Kids business purposes, and that this shall be done without compensation to me or my child.
- CREDIT CARD AUTHORIZATION: I authorize Wheel Kids to charge my credit card on file for any additional costs incurred, including but not limited to extended care, lunch, late fees, adjustments to camp costs, or additional activity fees. I understand and agree that Wheel Kids may process these charges at their discretion without requiring further confirmation from me.
ACKNOWLEDGEMENT OF UNDERSTANDING: I have read this Participant Agreement including the Wheel Kids Rules and the Express Assumption of Risk and Hold Harmless Agreement, fully understand all terms and provisions of the Agreement, and understand that I am giving up substantial rights, including the right to a jury in the event of any dispute. I acknowledge that I am agreeing to this Participant Agreement freely and voluntarily, and intend my registration to indicate a complete and unconditional release of liability to the greatest extent allowed by law. I have read and agree to all the terms and conditions set forth above. If any part of this Agreement is void or otherwise invalid and hence, unenforceable, such portion shall be deemed to be separate and severable from the remainder of this Agreement, which shall be given full force and effect as though the void or invalid provision had never been a part of this Agreement.
GENERAL CANCELLATION & REFUND POLICIES
Wheel Kids events have different cancellation and refund policies depending on the event type and duration. The information below provides general outlines of these policies. Your registration receipt has the specific details of the program in which you have registered.
GENERAL CONDITIONS
Policy Changes: In case of society-wide events beyond our control (e.g., pandemic, natural disaster, governmental action, etc.), we reserve the right to modify our stated refund policies if necessary to preserve our ability to operate in the present and future. Such modifications will be announced to all event participants and will supersede any previously-published refund policies.
Medical Cancellations: Registrants unable to participate in a program due to unforeseen medical conditions may be eligible for a refund less an administrative fee; a refund may be provided upon Wheel Kids’ receipt of a signed letter from the participant’s physician no less than five days before the camp session begins.
Erroneous Registration: Accidental registrations (e.g., signing up for the wrong program, wrong date, wrong skill level) may be refunded in full less an administrative fee if brought to our attention within 48 hours of the erroneous registration. Cancellation of an erroneous registration after 48 hours will be handled according to the policies listed below and program-specific policies if any.
Credits: We do not issue credits for future events.
COVID-19, AQI, & OTHER PUBLIC HEALTH FACTORS: Our programs listed below are staffed mostly by young people committed to providing quality services for our community while also earning needed income. They are our essential workers. Meanwhile, we all face environmental conditions beyond our control such as COVID-19 and poor air quality. We will do all we can to not cancel programs but must do so if health considerations require it. Due to the uncontrollable nature of these threats and our staff’s reliance on our program income we cannot refund for COVID or air quality cancellations.
SUMMER CAMPS
Written request (email is acceptable) must be received four weeks or more prior to the registered camp for a refund. A 75% refund will be issued for requests 28 or more days prior to the start date. No refunds will be provided for cancellations or withdrawals occurring within 28 days of the program start date. Once a camp session has begun, no refund will be granted for absences, dismissal, weather, illness/injury, or voluntary withdrawal from the camp, or for changes to the camp schedule or program deemed necessary by Wheel Kids staff. Cancellation of Extended Hours, lunches, or other add-on items can be done at any time for a refund, less an administrative fee – see program page for details.
We now offer self-transfer services, accessible from within your Active account: https://campsself.active.com/wheelkidsbicycleclub Changing weeks after you’ve registered is possible if space is available. Requests to change your session must be submitted no less than four weeks prior to the start date of your currently registered session. Changing to a session/program that’s full will result in your name being placed on the wait-list in the order it was received – if space does not open in this case, no refund or credit will be provided. There is no cost to transfer sessions if requested or completed within 48 hours of registration, either via email request or using self-transfer services. After 48 hours from the time of your registration there is a $25 transfer fee, payable after the transfer is confirmed. After May 1, changes to open summer camp sessions will be assessed a transfer fee of $50, payable after transfer is confirmed.